2017 ORS 646.815¹
Criminal prosecutions
  • compromise of criminal charges
  • effect of prior action seeking civil penalties

(1) Exclusive jurisdiction for criminal prosecution of any violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) is vested in the Attorney General. At any time, the Attorney General may receive and respond to an offer to compromise pending or potential criminal charges and any other related claims for relief under ORS 646.760 (Civil penalties), 646.770 (Equitable remedies), 646.775 (Actions by Attorney General) or 646.780 (Recovery of treble damages).

(2) The commencement of trial seeking civil penalties in any action under ORS 646.760 (Civil penalties) shall bar any subsequent criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited), based upon the same acts complained of. The commencement of trial in a criminal prosecution for violation of ORS 646.725 (Prohibited acts) or 646.730 (Monopolies prohibited) shall bar any subsequent action for recovery of civil penalties under ORS 646.760 (Civil penalties), based upon the same acts complained of, but shall not bar a subsequent suit for injunctive relief under ORS 646.760 (Civil penalties). [1975 c.255 §16(2),(3); 1999 c.552 §1]

Atty. Gen. Opinions

Meetings between members of associa­tions having PUC authority to transport logs, poles and piling and mills and other shippers to jointly agree on rate for transporta­tion, (1981) Vol 41, p 444

Law Review Cita­tions

55 OLR 537-551 (1976); 56 OLR 331 (1977)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not “preempted” by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.